Policy and Research Papers

The Fall and Rise of the Rule of Law and the Trope of Ownership

‘The rule of law’ draws extraordinarily diverse supporters. Theorists from the Marxist historian E.P. Thompson to the conservative economist Friedrich Hayek have embraced it; in September 2005 the entire membership of the United Nations committed themselves to it. Such widespread endorsement is possible only because of relative vagueness as to what the term might actually mean.
This poses particular problems in states where rule of any sort is uncertain. The facilitation or imposition of the rule of law in fragile or conflict-affected countries has been something of a growth area since the rediscovery of the rule of law — long discredited after the failed ‘law and development’ efforts of the 1960s and 1970s — in the post-Cold War era.
Yet the enthusiasm and resources devoted to programming in this area have not been matched by much success. Rule of law is invoked as a kind of mantra, but efforts to support or promote it tend to be technical quick-fixes or rhetorical abstractions. In part this is due to the absence of agreement on a definition.
The author’s presentation (from which these brief notes are drawn) will examine the fall and rise of the rule of law, some of the lingering definitional questions, and the use and abuse of the term ‘ownership’ in particular.

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Council of Europe Draft Report on Inhuman treatment of people and illicit trafficking in human organs in Kosovo

This is a draft report by Mr Dick Marty to the Committee on Legal Affairs and Human Rights of the Council of Europe on Inhuman treatment of people and illicit trafficking in human organs in Kosovo.

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European Commission 2009 Progress Report on Kosovo

This report briefly describes the relations between Kosovo1 and the Union; analyses the political situation in Kosovo in terms of democracy, the rule of law, human rights, protection of minorities, and regional issues; analyses the economic situation in Kosovo; reviews Kosovo’s capacity to implement European standards, that is, to gradually
approximate its legislation and policies with those of the acquis, in line with the European Partnership priorities. The period covered by this report is from early October 2008 to mid-September 2009.

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Kosovo after Independence. Is the EU’s EULEX Mission Delivering on its Promises?

The aim of this study, besides giving an overview on the most important stages on the way to an independent Kosovo, is to provide an analysis of the political and economic situation in Kosovo since the independence declaration and to put under the microscope the priorities and expected problems of the EU mission, which, in coming years, will cost European tax payers millions of euros. The present investigation is based on a book published in 2005 and revised in 2006 and on interviews and research in Kosovo since 2002.

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US International Criminal Investigative Training assistance Programme (ICITAP)

This plan outlines ICITAP's projected assistance efforts for FY 2010, which encompasses the following projects areas: Integrated Border Management, Police Development, Accountability, and Human Resources Management, complex Criminal Investigations, Rule of Law Information Management, and Community Safety Action Teams and Community Policing.

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